013 of 1983 - Amendment of Chapter 5 Title 51 Fence Regulations t `1
MICROFILMED 0 $3...5
SALT LAKE CITY ORDINANCE
No. 13 of 1983
(Fence Regulations )
AN ORDINANCE AMENDING CHAPTER 5 OF TITLE 51 OF THE REVISED
ORDINANCES OF SALT LAKE CITY, UTAH, 1965, BY DELETING SECTION 4
RELATING TO HEIGHT OF FENCES AND ENACTING SECTION 4A RELATING TO
GRADE CHANGE TO BE A NEW SECTION 4; AMENDING SUBSECTION 7 OF
SECTION 51-5-5 RELATING TO SIDE YARD EXCEPTIONS; AMENDING
SUBSECTION 11 OF SECTION 51-5-6 RELATING TO REAR YARD EXCEPTIONS;
AMENDING SUBSECTION 1 OF SECTION 51-5-7, RELATING TO FRONT YARD
EXCEPTIONS; DELETING SECTION 12 THEREOF RELATING TO BARRED WIRE
FENCES PROHIBITED; AND ADDING NEW SECTIONS 22, 23, 24, 25, 26, 27
and 28 THERETO RELATING TO FENCE REGULATIONS.
Be it ordained by the City Council of Salt Lake City, Utah:
SECTION 1 . That Chapter 5 of Title 51 of the Revised
Ordinances of Salt Lake City, Utah, be, and the same hereby is
amended by DELETING Section 4 relating to height of fences and
enacting Section 4A relating to grade change to be new Section 4 .
Sec. 51-5-4. Grade Change. The finished grade of any lot
in any subdivision in Salt Lake City or any lot to be used for
the construction of anv structure in Salt Lake City shall not be
raised or lowered at any property line more than two ( 2 ) feet
from the sidewalk grade or from the existing grade of any abut-
ting property without obtaining a variance from the Board of
Adjustment; neither shall the existing grade be raised or lowered
within any open area surrounding a building more than is neces-
sary to provide a slope for drainage unless a variance is
obtained from the Board of Adjustment. Provided , however, that
in no event shall a variance be granted by the Board of
Adjustment where grade change above mentioned shall expose a bank
of dirt two ( 2 ) feet in vertical height unless there shall be
imposed as a condition precedent for granting of the said
variance a requirement that a concrete retaining wall be
constructed under a plan approved by the City Engineer, and that
conditions be imposed which ensure that surface water be
properly, adequately, and safely drained from above and around
the said lot.
SECTION 2. That subsection ( 7 ) of Section 51-5-5 is hereby
amended to read as follows :
Sec. 51-5-5 ( 7) . Fences, walls, or other similar structures
as provided elsewhere by this chapter.
SECTION 3 . That subsection ( 11 ) of Section 51-5-6 is hereby
amended to read as follows :
Sec. 51-5-6 ( 11 ) . Fences, walls, or other similar structures
as provided elsewhere by this chapter.
SECTION 4 . That subsection ( 1 ) of Section 51-5-7 is hereby
amended to read as follows:
Sec. 51-5-7( 1 ) . Fences, walls, or other similar structures
as provided elsewhere by this chapter.
-2-
SECTION 5 . That Chapter 5 of Title 51 of the Revised
Ordinances of Salt Lake City, Utah, be, and the same hereby is
amended by DELETING Section 12 relating to barbed wire fences
prohibited.
SECTION 6. That Chapter 5 of Title 51 of the Revised
Ordinances of Salt Lake City, Utah, be, and the same hereby is
amended by ADDING new sections 22, 23, 24 , 25, 26 , 27 and 28
thereto, relating to fence regulations, to read as .follows :
Sec. 51-5-22. Purpose of fence regulations. It is
recognized that fences serve properties by providing privacy and
security, defining private space, and enhancing the design of
individual sites. It is also recognized that fences affect the
public by impacting the visual image of the streetscape and the
overall character of neighborhoods. The purpose of established
fence regulations is to achieve a balance between the private
concerns for privacy and site design and the public concerns for
enhancement of the community appearance, and to ensure the
provision of adequate light, air, and public safety.
Sec. 51-5-23. Location of fences. All fences, walls, or
similar structures shall be erected entirely within the property
lines of the property they are intended to serve.
Sec . 51-5-24. Height of fences. No fence, wall , or other
similar structure shall be erected in any required front yard to
a height in excess of four (4 ) feet; provided, however, no such
fence, wall, or other similar structure shall be erected to a
-3-
height in excess of three ( 3 ) feet if said fence, wall, or other
similar structure is within thirty (30 ) feet of the intersection
of front property lines on any corner lot. No fence, wall, or
other similar structure shall be erected in any required side
yard or required rear yard to a height in excess of six ( 6 )
feet. Where there is a difference in the grade of the properties
on either side of a fence, wall, or other similar structure, the
height of the fence, wall , or other similar structure shall be
measured from the average grade of the adjoining properties,
except that in any instance a four (4 ) foot high fence, wall , or
other similar structure shall be allowed.
Sec. 51-5-25. Exceptions to fence height limitations.
( 1 ) Fences, walls, or other similar structures erected
along the property line separating two adjacent corner lots shall
be allowed to extend beyond the building setback line out to the
property line at a maximum height of six ( 6 ) feet, provided that
the property line separating the two corner lots represents the
rear property line of both lots, and both structures on said lots
front in opposite directions, and provided that no driveways are
located adjacent to either side of said fence, wall or other
similar structure.
(2 ) Pillars shall be allowed to extend up to eighteen ( 18 )
inches above the allowable height of a fence provided that said
pillars shall have a maximum diameter or width of no more than
eighteen ( 18 ) inches, and provided that said pillars shall have a
-4-
minimum spacing of no less than six ( 6 ) feet measured face to
face.
Sec. 51-5-26. Special permit to exceed fence height regula-
tions. As empowered by Section 51-3-7 of the Salt Lake City
Ordinances, the Board of Adjustment shall have the authority to
grant special permits to exceed the height regulations, provided
that careful consideration shall be given to the established
character of the affected neighborhood and streetscape, to the
maintenance of public and private views, and to matters of public
safety, to-wit:
( 1 ) Fences, walls, or other similar structures which exceed
the allowable height limits provided that such a structure is
constructed of wrought iron or other approved material , and that
the open, spatial , and non-structural area of the fence, wall , or
other similar structure constitutes at least eighty percent ( 80% )
of its total area.
( 2 ) Fences, walls, or other similar structures which exceed
the front yard limits within one frontage of a corner lot, when a
private rear yard area is not otherwise attainable.
( 3 ) Fences, walls, or other similar structures which exceed
the allowed height limits within thirty ( 30 ) feet of the inter-
section of front property lines on any corner lot, provided that
upon consideration of existing traffic control devices, topo-
graphic conditions, street design, parking strip width, and other
traffic-related circumstances, it has been determined by the
-5-
Board that the additional height may be granted and still provide
for adequate safety.
( 4 ) Fences, walls , or other similar structures incorporat-
ing ornamental features or architectural enhancements which
extend above the allowable height limits.
( 5 ) Fences, walls, or other similar structures which exceed
the allowable height limits when erected around schools and
approved recreational uses which require special height
considerations.
( 6 ) Fences, walls, or other similar structures which exceed
the allowable height limits in cases where it is determined that
an undesirable condition exists because of the abnormal intrusion
of offensive levels of noise, pollution, light, or other
encroachments on the rights to privacy, safety , security, and
aesthetics.
As a condition to the granting of any special permit, the
Board shall have the authority to require special landscaping ,
design features, specific type of materials and any other element
which will, in its opinion, diminish the impact of the additional
height on neighboring properties, or make the fence, wall or
other similar structure more attractive, or more in keeping with
the neighborhood in which it is located.
The Board of Adjustment may deny any request:
( 1 ) that is not in keeping with the character of the
neighborhood and urban design of the city;
-6-
( 2 ) that would create a walled-in effect in the front yard
of any property in a residential district where the clear
character of the neighborhood in front yard areas is one of open,
free-flowing spaces from property to property; or
( 3 ) when there is a driveway on the petitioner's property
or neiqhbor 's property adjacent to the proposed fence, wall , or
other similar structure that presents a safety hazard.
Sec. 51-5-27. barbed wire fences prohibited. It shall be
unlawful for any person to erect or cause to be erected or to
maintain any barbed wire fences along or adjacent to any street,
or as a division fence between adjoining lots or parcels of land,
either of which is occupied as a place of residence, and any such
fence so erected or maintained is hereby declared a nuisance;
provided, however, that not to exceed three (3 ) strands of barbed
wire may be placed upon the top of a fence not less than six ( 6 )
feet high, said strands slanting inward at an angle of not more
than 60 degrees from the vertical , for solely security reasons ,
around transformer stations, micro-wave stations, construction
sites and other places other than in residential districts upon
permission therefor having first been obtained from the Building
Official upon a showing of reasonable necessity therefore.
Sec. 51-5-28. Building permit required for installation of
fences. In cases where variances have been granted for any
fence, wall, or other similar structure or any portion thereof, a
building permit must be obtained prior to construction of said
fence, wall , or other similar structure.
-7-
SECTION 7. This ordinance shall take effect upon its first
publication.
Passed by the City Council of Salt Lake City , Utah,
this 15TH day of MARCH , 1983.
CHAIRMAN
ATTEST:
C T RECORDER
Transmitted to Mayor on March 22, 1983
Mayor 's Action: McvLch 24, 1983
MAYOR
ATTEST:
Sail APw`20''`?� AS TO FORM
Lake Cr'y Attornoy's OHiu
Defo _ .3 /� 3
C Y RECORDER sy
cm5h
S E A L
PUBLISHED: Apti e 2, 1983
—8—
AbM 3Sa
Affidavit of Publication
STATE OF UTAH,
County of Salt Lake Ss.
SALT LAKE CITY ORDINANCE Debra Miller
No.13 of I1113 ...............................................................................................................
1 Fenbe Regulations)
AN ORDINANCE AMENDING CHAPTER 5 OF TITLE 51 OF
THE REVISED ORDINANCE$OF SALT LAKE CITY,UTAH,
1965,BY DELETING SECTION a RELATING 70 HEIGHT OF
f ENCE$AND ENACTING SECTION JA RELATING TO GRADE
,ION I OF SECTION 515-55 RELATIN,T SIDE YARDSEXCEP BCIn�'first duly:Worn,dQpOSQS and S$yS that he is legal
TIONS; AMENDING SUBSECTION 11 OF SECTION 515-6 g
RELATING TO REAR YARD EXCEPTIONS: AMENDING advertising clerk of the DESERET NEWS, a daily
SUBSECTION I OF SECTION 5157,RELATING TO FRONT y
YARD EXCEPTIONS; DELETING SECTION 12 THEREOF (except Sunday) newspaper panted In the English
RELATING TO BARBED WIRE FENCES PROHIBITED;AND language
ADDING NEW SECTIONS 22,23,24,25.26,27 and 28 THERETO t� g with general circulation in lJtgll, and
RELATING TO FENCE REGULATIONS
Ben9.d,;naabY ll„r:,n coun<;,as,1,L,Keo;,Y,Utah: published in Salt Lake City, Salt Lake County, in the
SECTION I.That Chapter 5 01 Title 51 of the Revised Or to Utah.
L .Y
atcoded Tay DELETit
of Sal ING SeCrV'cfionUtahJ olatim te,and hciphl lcra sMal uartl State Of Utah.
cnacliry Section JA relating to grade change to be,new Section J.
Sol 51-so. in So"bane°.The nniny to g am m,Y, That the legal notice of which YSbsofnanv structureein Silt Lake lot to
TShall ro1C Iaisd g
Me
,Instruction awered of any Vrnlxrty line more man 1Wp(2)Teel from the a copy i$attached hereto
sidowalk grade or Irom me,existing ymep pl anY dbUtfine VrOVer
ty whroul tlNa;nhg a variance,Irom the Board of Adlust al'y
neither shall M e.isfln9 grade be rain er awat w.,i' Pub Salt Lake Cit Ordinance own area a4r...ding,bonding Moro man is ree-ar,t4 Pro --"' .f.......l t................... 1983
yiee a slope nor a,lnaee 9.e5,a Yariarcc i'o11—od 1r 11 me ..No. 13 of
Board of AdiustMCnt.Provided,however,That in"a
t shall a
"one[e be,9mntetl by the Board of Ado, where yrade
change above mentimCd shall,.vase a bank se dirt two(2)Imt ...............................................................................................................
v dart ,granting
ng o there shall h imW'ee as a c,that"
ecrete for granting 41 Knt said variance r halle,Mo.that a
nc I"retaining wall be,t conditions
under a plan hich end by
Pr
Me Cify Engineer,and that Contlitiens be,impa50tl which ensure ..........................
that surface..for be proporlY.atlOgu„mv,and safely dra:n.`d .....................................................................................
hum abort and around the said Im.
SECTION 2.That subsection 11)of Section 51 55 is herxhv
a ended to read as follows:m
Sec.51"I'M Fences,wall;.or other similar struclur,s.» ........................................................................................
Oro SEC SECTION
Ttby this chapter. .............
SECTION 3-That svbsection(11;0t Se"Tun 51 56 i;herebv
a ended to read as to,MWS:
Sec 5lwwb 11.Fences,walls,Or ether;i n+iur;li'uc,ur Os a> ...............................................................................................................
Provided elsewncn:by mix chapter.
SECTION J.That su""i"'it of Y:ction 51 5/is herebv
amend,,1P read a,rollow'.
Sec.s15.1u).Fete,,walls,",olba;,,ol,r"roe,"re;a> was published in said newspaper on.........................
provided el'Cwri,br this chaDler.
SECTION 5.That Chanter 5 Of T Ile 51 pt the R,v 0 Ord.
ndncCs "
of Sall Lake City,Utah,b:,and the sam c herebv is amPra,trieomad d.by DELETING acfmn 1a r"I"beg I"barlad win;mnceJ AP ..r.. .2.,..1.9.83.SECTION 6.That CM1apfer 5 el Ttle 51 of Inc R,:v ixd Ord. """i' ..........
nines I,Salt Luke,City,Utah,be,and the same.hereb,is
amended b ADDING `M 23 23 1 25 26 21 dab C .
,hereto 11 i f 1 1 cl 111
Set,51 5 V.P Oo- 1 fe Y1 1 i 11 W d
" f Pe^ by d ' d Legal Advertising Clerk
clot nY V le M h 9 the tl 9 1 d d-I g
s hs It 1s also—'rued be,knees affect III Publ'c b,ol
Of ne 9hborhwds,The Purpose Ofestablished 1-0 rel t e UlaliO Sls
,o achieve a nalarKe between lh:""a"concerns tor,Privacy
and site design and m,Pub;,doh em,far ennanameiv pf H re me this llth day of
community an[e—rho,dnd to onsure the elelilinn of adhouate ..................................................................................Kuhl,air,and public safety.
Sec.51-51].Location of fences.Alt fences,walls.or Simi tar
Tile"oF_Me no,IniondoetIoro:,ewifbinmenrpnfrylinesill ....A.D. 19...85
Sec.51-S2J.Hei9M11 pl tell":.No hmc0.wall,4r other sin,Itar
structure
shall be erected in drd front yard to a heighl
s Of four(J)feet;P OVI0C4 Yoweer,no such fence,wall.
r other similar structure shall W erecmd to an,ghl al o.ce5b Of
Three(3)feet I1 said fence,wall.Or
other s miler s—Acre u
with?h mir1Y(30)feet of tho inter loot of Iron,Oop 1r Fines on
er lot.No fence,wall,Or.'he's miler structure shalt n- ,� )
rt"9htl in to
n exanyecslecl.WI etc thcrc lu
isCI rear ditcrc,cc�',In, ".
grade of the properties on either title of a funu:, 1 wall,el other ......................`.
.....:.:....................
miler ,strhall the
the height ,,he fence, all.o flier sinYdar Notary Public
rector,:Hall W me"s r e frOm me, crag, race of the ad nrOD`h".c-L't'hot 1, ns,ance a four lJ1 f00,high
tencegwall or other similar slrli—shall h:allowcd�
See.51-5 25.Exceptions to fence heighl limitations.
ell Fe re,walls.Or other s m lar stroetures Creole l along A , :ldwn o v� nu n,d.Me
Me :Poll line `V tiny ow.adiacenf corner lots'hall M Boa1cl^hall IIJve;hc ao1heil, ieryrC�U Ter s>3cal hand —ou.
I Pane t0 Cstind hovOM du:building Selback lino Ool to the Prot/ design N,H, s.sPctific Ivue 01 materials a env Olhor element
erty line at a m Qdbt of six l61 teer,P ovidd mat!" hicb All,in ,,diminish Me-n f tfu additional
rolxrty line SCrparativng me nvp cOrho,Ims re, t;the rc haunt an neiyhbOrin9 Properties.Or make In,h ce,wall S,olNer
yrOVer1,line of both lots,and both stroller,,on Said lots from 1p miler Tl ucture r mote in loaP he'.vim me
"Plash,directions,and Provided Mal no driveways are Ipcatd no.slhorhoiPd in which it 1,located o
adiacent 10 dime,side of said fence,wall or Omer similar;true The Board.Adiustmenf may OCnv am reguesl:
tore, lI)Mal is tin keeping with me cM1aramcr of-he reiyhWr
(2)Pillars shall he atlMd to extend up t0 eighteen(18)inch- h"ucl,,hd elu rate,In of 1.
a wtaltd in effect in me Iran',a-d OI
above the allowable hoighT of a forte Provided That said PillarsQUI
shall have a maximum diameter Ot width d no More Man CigIT property in a residential districtM,Cr"me,clear chdrarier of
]Cell(11n inches,atd Provided that said pillars shelf have a mini the neighborhood in front yard areas is one of Ocen,free flowing
mu 9 of no less man siz(61 feet measured face 10IxC, 'Paces from property to Prae rt,;or
See.9536.Special Vernon o x ,al force hoight r.Pia l3)when mere IS a dr: ,v on the petitioner's Woperty or
lions.As oon-11ee by Section 51-3-7 of the Self Lake CH,Ord,
iebbor's Pr Periv adiacent to me,Proposed(once,wall,or usher
.The Board of Ali.Moot:ball have the authority to grant m"lor structure Mal Presents a safety hecard.
sM:cia1 P1. "ts,o Ozceud the height r ulations, vitled mat Sec.51 5-27.Bathed wire Iences prohibited.II snail h unlaw
of Mu careful consideration
nel'yo„�ham lwl�h 9tivstrhefuhapCSTto M mairlteI", of for cerwr to erect or to be erected or to maintain
v barpcb w ,cotes alon9,cXladiacPrT to any street,Or
m public a1M private view.,and to matters o1 public saYely,to division force lbBtween atlioini,g lots or parcel,of land,either Of
w": .vhich s aecueled as a Place of residence,and any such fence so
(1)Fences,w lls,Or other`,: she-tares which exoad • "fed or Maintained is herebv declared a ou;sane,Provided,
the allowable Might horns ProvIll that bud,a structure Is con however,That not to C.—d three(31 strand'01 barlxd wire may
s,rucid of wroPul I it r timer anProv d material,and that Ifni W Placed upon me top If
a fence not Tess man six I61 left hi9n,
open,spatial,and nonust—tursl area of the fence,with or other said strands slanting Inward at a aryl,of not m e Than GC
'tar structure constitutes it,oast eighiv Percent(8Gc1 W;1; degrees from Me vHical,for solely secdrity ro,,ens around
I l I I- ,"ride r l 1 lions. 1 it, nd
(21 F -II he 'I c urn h'h d 1 th- than tl 1' tlY t 1 per - - Ili 1 hay
the f-",1 Y,rd�ll n is vi it n Ore f 1 1 a col ter lot.wren a t'rst h..,O.a'txd frc n Mi.Bu Id 19 OH,c'al uWn n snovvn9
vM,rear yard area is not"Merwise,itiainal, of rr,;Xl.ble irlessity therefore.
(3)Fences,walls,Or other similar structure'which exceed Sec.51 1 N.Build:n9 permit rig ,rd fcr inslallaf ice o!fen"
I allowed brig.limits within mitt,l30)feet oI th ilo orxntiu11 s.In ca where variances Is,,been granfae for ai foix_,
PI to
pl000lh,linos un any comer lot,P10vident that ouOn coo wall.or other s,M,lar sf ructure Or any pert:",therr0,,a be:ldiny
sideration o1 existing 1rMfic co tr01 0,vlc,.,1Op our,cond'i Permit Must be Obtaind prior to ca,slruc,;o,of said IOncO,wall.
Lions,street
design.parking.strip witllb,and Omer traffic folded "Ill r similar structure.
additmslance"it has boon dole ined by Me Board that Inc SECTION 7.This aid al,:hull lake 19l 1 u.,i•,I,,
ional height may be granted and still Provide for ac1l,al PublicahOn.
saoi - I'Isod by Me CHI Clo,l Of San Lake Co,Utah,leis 5M
(J)FCnCes.'walls,or other similar shue,ures incOrpOra,iny day A Marcll.1.3
neural,"Mures cr architectural enhancements which cz1C,d Ed::ard vv.4'ai'ur
above me allowable heighl loci,
VICE CHAl R%1AN
(5)Fences,walls.or Olhar si which c c�.:d AITEST;
Ire allowable neignl limits when�erCcledu a round schools and NA
THRYNWRSHALL
aPPl Oved recreational uses which reyu�ru sla'L al height cellular CITv RECORDER
.ions. Transco;netl to Mayor o,,More,2.1.3
(6)FCncos wail�.or other similar clruc,ures whl h exceed hSayOr's Action
Me allowable heiy:.1 .Is in Isr,vAtcr,it is determined that art rED'NI LSON
ofufors�,'L,IevCls Oil i,Nisi,poi Ulioi�lief Dr tlootherncrclosuent� ATTEST. MAYORnnT,r-rlynt;to nrivacv,sito}v,securn,and de;inetics. KATHRYN MARSHALL
- -' Cl TY RECORDER
SEAL
PUBLISHED.Ac,12,1113
C 39